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SILAS v. PERCEY

No. 77-631.

85 Wis.2d 716 (1978)

271 N.W.2d 171

SILAS, and others, Plaintiffs-Respondents, v. PERCY, and another, Defendants-Appellants.

Court of Appeals of Wisconsin, District IV.

Decided October 13, 1978.

Attorney(s) appearing for the Case

For the appellants there was a brief by Bronson C. La Follette, attorney general and Marguerite M. Moeller, assistant attorney general, and oral argument by Marguerite M. Moeller, assistant attorney general.

For respondents Silas Webster and Wade there was a brief by Steven D. Phillips and Corrections Legal Services Program, and oral argument by Steven D. Phillips of Madison. For respondent Hives there was a brief by Howard B. Eisenberg, State Public Defender, and Jack E. Schairer, Asst. State Public Defender and oral argument by Elizabeth Alexander, Asst. State Public Defender.

Before Gartzke, P. J. Bablitch and Dykman, JJ.

GARTZKE, P.J.

This is an appeal from the judgment of the Circuit Court for Dane County, the Honorable Richard W. Bardwell, declaring that the respondents are entitled to "good time" credit under secs. 53.11 and 53.12, Stats.

The issue is whether a person incarcerated in the state correctional system pursuant to Ch. 54, the Youthful Offenders Act, is entitled to "good time" under secs. 53.11 and 53.12 so as to be eligible for mandatory release parole.

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